Murray v Firecrest NI Ltd Department for Employment and ... Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00280_11IT (23 May 2012)

Murray v Firecrest NI Ltd Department for Employment and ... Firecrest Compartmentation Ltd Department for Employment and ... [2012] NIIT 00280_11IT (23 May 2012)

The claimant's claims for holiday pay and notice pay against Firecrest NI Ltd are well-founded due to the TUPE transfer and the calculation of entitlements as per statutory and tribunal guidelines. Claims against Firecrest Compartmentation Ltd are not well-founded due to lack of liability post-transfer.

Citation
[2012] NIIT 00280_11IT
Parties
Claimant: Edward Patrick Murray; Respondent: Firecrest NI Ltd; Respondent: Firecrest Compartmentation Ltd; Respondent: Department for Employment and Learning
Jurisdiction
Northern Ireland
Judgment Date
23 May 2012
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claims for holiday pay and notice pay against Firecrest NI Ltd upheld; all claims against Firecrest Compartmentation Ltd dismissed.
Legal Topics
Redundancy Payment, Holiday Pay, Notice Pay, TUPE Transfer, Employment Debts
Employment Law Redundancy Payment Holiday Pay Notice Pay TUPE Transfer Employment Debts

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Parties

Edward Patrick Murray

Claimant

Firecrest NI Ltd

Respondent

Firecrest Compartmentation Ltd

Respondent

Department for Employment and Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to redundancy payment from respondents
  2. 2 Whether the claimant is entitled to holiday pay and notice pay from Firecrest NI Ltd

Ratio Decidendi

The claimant's claims for holiday pay and notice pay against Firecrest NI Ltd are well-founded due to the TUPE transfer and the calculation of entitlements as per statutory and tribunal guidelines. Claims against Firecrest Compartmentation Ltd are not well-founded due to lack of liability post-transfer.

Court Disposition

Claims for holiday pay and notice pay against Firecrest NI Ltd upheld; all claims against Firecrest Compartmentation Ltd dismissed.

Orders

  • Firecrest NI Ltd to pay claimant £444 in respect of holiday pay.
  • Firecrest NI Ltd to pay claimant £940 in respect of notice pay.